Immigration and Nationality Act

301 nationals and citizens of the united states at birth
302 persons born in Puerto Rico on or after April 11, 1899
303 persons born in the canal zone or republic of Panama on or after February 26, 1904
304 persons born in Alaska on or after march 30, 1867
305 persons born in Hawaii
306 persons living in and born in the virgin islands
307 persons living in and born in Guam
308 nationals but not citizens of the united states at birth

Chapter 2 -- nationality through naturalization

310 naturalization authority
311 eligibility for naturalization
312 requirements as to understanding the English language, history, principles, and
form of government of the united states
313 prohibition upon the naturalization of persons opposed to government or law, or who favor totalitarian forms of government
314 ineligibility to naturalization of deserters from the armed forces of the united states
315 alien relieved from training and service in the armed forces of the united states because of alienage barred from citizenship
316 requirements as to residence, good moral character, attachment to the principles of the constitution, and favorable disposition to the united states
317 temporary absence of persons performing religious duties
318 prerequisites to naturalization; burden of proof
319 married persons and employees of certain nonprofit organizations
320 child born outside of united states of one alien and one citizen parent at time of birth; conditions under which citizenship automatically acquired
321 child born outside of united states of alien parent; conditions under which citizenship automatically acquired
322 child born outside the united states; application for certificate of citizenship requirements
324 former citizens of united states regaining united states citizenship
325 nationals but not citizens of the united states; residence within outlying possessions
326 resident Philippine citizens excepted from certain requirements
327 former united states citizens losing citizenship by entering the armed forces of foreign countries during world war ii
328 naturalization through service in the armed forces of the united states
329 naturalization through active-duty service in the armed forces during world war i, world war ii, the korean hostilities, the vietnam hostilities, or in other periods of military hostilities
329A posthumous citizenship through death while on active-duty service in the armed forces during world war i, world war ii, the korean hostilities, the vietnam hostilities, or in other periods of military hostilities
330 constructive residence through service on certain united states vessels
331 alien enemies; naturalization under specified conditions and procedure
332 procedural and administrative provisions; executive functions
333 photographs
334 application for naturalization; declaration of intention
335 investigation of applicants; examinations of applications
336 hearings on denials of applications for naturalization
337 oath of renunciation and allegiance
338 certificate of naturalization; contents
339 functions and duties of clerks and records of declarations of intention and applications for naturalization
340 revocation of naturalization
341 certificates of citizenship or u.s. non-citizen national status; procedure
342 cancellation of certificates issued by the attorney general, the commissioner or a deputy commissioner; action not to affect citizenship status
343 documents and copies issued by the attorney general
344 fiscal provisions
346 authorization granted for publication and distribution of citizenship textbooks from naturalization fees
347 compilation of naturalization statistics and payment for equipment

Chapter 3 -- loss of nationality

349 loss of nationality by native-born or naturalized citizen
351 restrictions on loss of nationality
356 nationality lost solely from performance of acts or fulfillment of conditions
357 application of treaties; exceptions

Chapter 4 -- miscellaneous

358 certificate of diplomatic or consular officer of the united states as to loss of American nationality under chapter iv, nationality act of 1940, or under chapter 3 of this title
359 certificate of nationality for a person not a naturalized citizen for use in proceedings of a foreign state.
360 judicial proceedings for declaration of united states nationality in event of denial of rights and privileges as national
361 cancellation of united states passports and consular reports of birth

SEC. 301. [8 U.S.C. 1401] The following shall be nationals and
citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction
thereof;

(b) a person born in the United States to a member of an Indian,
Eskimo, Aleutian, or other aboriginal tribe: Provided, That the
granting of citizenship under this subsection shall not in any
manner impair or otherwise affect the right of such person to
tribal or other property;

(c) a person born outside of the United States and its outlying
possessions of parents both of whom are citizens of the United
States and one of whom has had a residence in the United States
or one of its outlying possessions, prior to the birth of such
person;

(d) a person born outside of the United States and its outlying
possessions of parents one of whom is a citizen of the United
States who has been physically present in the United States or
one of its outlying possessions for a continuous period of one
year prior to the birth of such person, and the other of whom
is a national, but not a citizen of the United States;

(e) a person born in an outlying possession of the United States
of parents one of whom is a citizen of the United States who has
been physically present in the United States or one of its outlying
possessions for a continuous period of one year at any time prior
to the birth of such person;

(f) a person of unknown parentage found in the United States
while under the age of five years, until shown, prior to his attaining
the age of twenty-one years, not to have been born in the United
States;

(g) a person born outside the geographical limits of the United
States and its outlying possessions of parents one of whom is
an alien, and the other a citizen of the United States who, prior
to the birth of such person, was physically present in the United
States or its outlying possessions for a period or periods totaling
not less than five years, at least two of which were after attaining
the age of fourteen years: Provided, That any periods of honorable
service in the Armed Forces of the United States, or periods of
employment with the United States Government or with an international
organization as that term is defined in section 1 of the International
Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by
such citizen parent, or any periods during which such citizen
parent is physically present abroad as the dependent unmarried
son or daughter and a member of the household of a person (A)
honorably serving with the Armed Forces of the United States,
or (B) employed by the United States Government or an international
organization as defined in section 1 of the International Organizations
Immunities Act, may be included in order to satisfy the physical-presence
requirement of this paragraph. This proviso shall be applicable
to persons born on or after December 24, 1952, to the same extent
as if it had become effective in its present form on that date;
and

(h) a person born before noon (Eastern Standard Time) May 24,
1934, outside the limits and jurisdiction of the United States
of an alien father and a mother who is a citizen of the United
States who, prior to the birth of such person, had resided in
the United States.

SEC. 302. [8 U.S.C. 1402] All persons born in Puerto Rico on or
after April 11, 1899, and prior to January 13, 1941, subject to
the jurisdiction of the United States, residing on January 13,
1941, in Puerto Rico or other territory over which the United
States exercises rights of sovereignty and not citizens of the
United States under any other Act, are hereby declared to be citizens
of the United States as of January 13, 1941. All persons born
in Puerto Rico on or after January 13, 1941, and subject to the
jurisdiction of the United States, are citizens of the United
States at birth.

(a) Any person born in the Canal Zone on or after February 26,
1904, and whether before or after the effective date of this Act,
whose father or mother or both at the time of the birth of such
person was or is a citizen of the United States, is declared to
be a citizen of the United States.

(b) Any person born in the Republic of Panama on or after February
26, 1904, and whether before or after the effective date of this
Act, whose father or mother or both at the time of the birth of
such person was or is a citizen of the United States employed
by the Government of the United States or by the Panama Railroad
Company, or its successor in title, is declared to be a citizen
of the United States.

SEC. 304. [8 U.S.C. 1404] A person born in Alaska on or after
March 30, 1867, except a noncitizen Indian, is a citizen of the
United States at birth. A noncitizen Indian born in Alaska on
or after March 30, 1867, and prior to June 2, 1924, is declared
to be a citizen of the United States as of June 2, 1924. An Indian
born in Alaska on or after June 2, 1924, is a citizen of the United
States at birth.

SEC. 305. [8 U.S.C. 1405] A person born in Hawaii on or after
August 12, 1898, and before April 30, 1900, is declared to be
a citizen of the United States as of April 30, 1900. A person
born in Hawaii on or after April 30, 1900, is a citizen of the
United States at birth. A person who was a citizen of the Republic
of Hawaii on August 12, 1898, is declared to be a citizen of the
United States as of April 30, 1900.

(a) The following persons and their children born subsequent
to January 17, 1917, and prior to February 25, 1927, are declared
to be citizens of the United States as of February 25, 1927:

(1) All former Danish citizens who, on January 17, 1917, resided
in the Virgin Islands of the United States, and were residing
in those islands or in the United States or Puerto Rico on February
25, 1927, and who did not make the declaration required to preserve
their Danish citizenship by article 6 of the treaty entered into
on August 4, 1916, between the United States and Denmark, or who,
having made such a declaration have heretofore renounced or may
hereafter renounce it by a declaration before a court of record;

(2) All natives of the Virgin Islands of the United States who,
on January 17, 1917, resided in those islands, and were residing
in those islands or in the United States or Puerto Rico on February
25, 1927, and who were not on February 25, 1927, citizens or subjects
of any foreign country;

(3) All natives of the Virgin Islands of the United States who,
on January 17, 1917, resided in the United States, and were residing
in those islands on February 25, 1927, and who were not on February
25, 1927, citizens or subjects of any foreign country; and

(4) All natives of the Virgin Islands of the United States who,
on June 28, 1932, were residing in continental United States,
the Virgin Islands of the United States, Puerto Rico, the Canal
Zone, or any other insular possession or territory of the United
States, and who, on June 28, 1932, were not citizens or subjects
of any foreign country, regardless of their place of residence
on January 17, 1917.

(b) All persons born in the Virgin Islands of the United States
on or after January 17, 1917, and prior to February 25, 1927,
and subject to the jurisdiction of the United States are declared
to be citizens of the United States as of February 25, 1927; and
all persons born in those islands on or after February 25, 1927,
and subject to the jurisdiction of the United States, are declared
to be citizens of the United States at birth.

(a) The following persons, and their children born after April
11, 1899, are declared to be citizens of the United States as
of August 1, 1950, if they were residing on August 1, 1950, on
the island of Guam or other territory over which the United States
exercises rights of sovereignty:

(1) All inhabitants of the island of Guam on April 11, 1899,
including those temporarily absent from the island on that date,
who were Spanish subjects, who after that date continued to reside
in Guam or other territory over which the United States exercises
sovereignty, and who have taken no affirmative steps to preserve
or acquire foreign nationality; and

(2) All persons born in the island of Guam who resided in Guam
on April 11, 1899, including those temporarily absent from the
island on that date, who after that date continued to reside in
Guam or other territory over which the United States exercises
sovereignty, and who have taken no affirmative steps to preserve
or acquire foreign nationality.

(b) All persons born in the island of Guam on or after April
11, 1899 (whether before or after August 1, 1950) subject to the
jurisdiction of the United States, are hereby declared to be citizens
of the United States: Provided, That in the case of any person
born before August 1, 1950, he has taken no affirmative steps
to preserve or acquire foreign nationality.

(c) Any person hereinbefore described who is a citizen or national
of a country other than the United States and desires to retain
his present political status shall have made, prior to August
1, 1952, a declaration under oath of such desire, said declaration
to be in form and executed in the manner prescribed by regulations.
From and after the making of such a declaration any such person
shall be held not to be a national of the United States by virtue
of this Act.

SEC. 308. [8 U.S.C. 1408] Unless otherwise provided in section
301 of this title, the following shall be nationals, but not citizens
of the United States at birth:

(1) A person born in an outlying possession of the United States
on or after the date of formal acquisition of such possession;

(2) A person born outside the United States and its outlying
possessions of parents both of whom are nationals, but not citizens,
of the United States, and have had a residence in the United States,
or one of its outlying possessions prior to the birth of such
person;

(3) A person of unknown parentage found in an outlying possession
of the United States while under the age of five years, until
shown, prior to his attaining the age of twenty-one years, not
to have been born in such outlying possession; and

(4) A person born outside the United States and its outlying
possessions of parents one of whom is an alien, and the other
a national, but not a citizen, of the United States who, prior
to the birth of such person, was physically present in the United
States or its outlying possessions for a period or periods totaling
not less than seven years in any continuous period of ten years-

(A) during which the national parent was not outside the United
States or its outlying possessions for a continuous period of
more than one year, and

(B) at least five years of which were after attaining the age
of fourteen years.

The proviso of section 301(g) shall apply to the national parent
under this paragraph in the same manner as it applies to the citizen
parent under that section.

309 children born out of wedlock

SEC. 309. [8 U.S.C. 1409]

(a) The provisions of paragraphs (c), (d), (e), and (g) of section
301, and of paragraph (2) of section 308, shall apply as of the
date of birth to a person born out of wedlock if-

(1) a blood relationship between the person and the father is
established by clear and convincing evidence,

(2) the father had the nationality of the United States at the
time of the person's birth,

(3) the father (unless deceased) has agreed in writing to provide
financial support for the person until the person reaches the
age of 18 years, and

(4) while the person is under the age of 18 years-

(A) the person is legitimated under the law of the person's residence
or domicile,

(B) the father acknowledges paternity of the person in writing
under oath, or

(C) the paternity of the person is established by adjudication
of a competent court.

(b) Except as otherwise provided in section 405, the provisions
of section 301(g) shall apply to a child born out of wedlock on
or after January 13, 1941, and before December 24, 1952, as of
the date of birth, if the paternity of such child is established
at any time while such child is under the age of twenty-one years
by legitimation.

(c) Notwithstanding the provision of subsection (a) of this section,
a person born, after December 23, 1952, outside the United States
and out of wedlock shall be held to have acquired at birth the
nationality status of his mother, if the mother had the nationality
of the United States at the time of such person's birth, and if
the mother had previously been physically present in the United
States or one of its outlying possessions for a continuous period
of one year.

(a) AUTHORITY IN ATTORNEY GENERAL.-The sole authority to naturalize
persons as citizens of the United States is conferred upon the
Attorney General.

(b) COURT AUTHORITY TO ADMINISTER OATHS.-

(1) JURISDICTION.-Subject to section 337(c)-

(A) GENERAL JURISDICTION.-Except as provided in subparagraph
(B), each applicant for naturalization may choose to have the
oath of allegiance under section 337(a) administered by the Attorney
General or by an eligible court described in paragraph (5). Each
such eligible court shall have authority to administer such oath
of allegiance to persons residing within the jurisdiction of the
court.

(B) EXCLUSIVE AUTHORITY.-An eligible court described in paragraph
(5) that wishes to have exclusive authority to administer the
oath of allegiance under section 337(a) to persons residing within
the jurisdiction of the court during the period described in paragraph
(3)(A)(i) shall notify the Attorney General of such wish and,
subject to this subsection, shall have such exclusive authority
with respect to such persons during such period.

(2) INFORMATION.-

(A) GENERAL INFORMATION.-In the case of a court exercising authority
under paragraph (1), in accordance with procedures established
by the Attorney General-

(i) the applicant for naturalization shall notify the Attorney
General of the intent to be naturalized before the court, and

(ii) the Attorney General-

(I) shall forward to the court (not later than 10 days after
the date of approval of an application for naturalization in the
case of a court which has provided notice under paragraph (1)(B))
such information as may be necessary to administer the oath of
allegiance under section 337(a), and

(II) shall promptly forward to the court a certificate of naturalization
(prepared by the Attorney General).

(B) ASSIGNMENT OF INDIVIDUALS IN THE CASE OF EXCLUSIVE AUTHORITY.-If
an eligible court has provided notice under paragraph (1)(B),
the Attorney General shall inform each person (residing within
the jurisdiction of the court), at the time of the approval of
the person's application for naturalization, of-

(i) the court's exclusive authority to administer the oath of
allegiance under section 337(a) to such a person during the period
specified in paragraph (3)(A)(i), and

(ii) the date or dates (if any) under paragraph (3)(B) on which
the court has scheduled oath administration ceremonies.

If more than one eligible court in an area has provided notice
under paragraph (1)(B), the Attorney General shall permit the
person, at the time of the approval, to choose the court to which
the information will be forwarded for administration of the oath
of allegiance under this section.

(3) SCOPE OF EXCLUSIVE AUTHORITY.-

(A) LIMITED PERIOD AND ADVANCE NOTICE REQUIRED.-The exclusive
authority of a court to administer the oath of allegiance under
paragraph (1)(B) shall apply with respect to a person-

(i) only during the 45-day period beginning on the date on which
the Attorney General certifies to the court that an applicant
is eligible for naturalization, and

(ii) only if the court has notified the Attorney General, prior
to the date of certification of eligibility, of the day or days
(during such 45-day period) on which the court has scheduled oath
administration ceremonies.

(B) AUTHORITY OF ATTORNEY GENERAL.-Subject to subparagraph (C),
the Attorney General shall not administer the oath of allegiance
to a person under subsection (a) during the period in which exclusive
authority to administer the oath of allegiance may be exercised
by an eligible court under this subsection with respect to that
person.

(C) WAIVER OF EXCLUSIVE AUTHORITY.-Notwithstanding the previous
provisions of this paragraph, a court may waive exclusive authority
to administer the oath of allegiance under section 337(a) to a
person under this subsection if the Attorney General has not provided
the court with the certification described in subparagraph (A)(i)
within a reasonable time before the date scheduled by the court
for oath administration ceremonies. Upon notification of a court's
waiver of jurisdiction, the Attorney General shall promptly notify
the applicant.

(4) ISSUANCE OF CERTIFICATES.-The Attorney General shall provide
for the issuance of certificates of naturalization at the time
of administration of the oath of allegiance.

(5) ELIGIBLE COURTS.-For purposes of this section, the term "eligible
court" means-

(A) a district court of the United States in any State, or

(B) any court of record in any State having a seal, a clerk,
and jurisdiction in actions in law or equity, or law and equity,
in which the amount in controversy is unlimited.

(c) JUDICIAL REVIEW.-A person whose application for naturalization
under this title is denied, after a hearing before an immigration
officer under section 336(a), may seek review of such denial before
the United States district court for the district in which such
person resides in accordance with chapter 7 of title 5, United
States Code. Such review shall be de novo, and the court shall
make its own findings of fact and conclusions of law and shall,
at the request of the petitioner, conduct a hearing de novo on
the application.

(d) SOLE PROCEDURE.-A person may only be naturalized as a citizen
of the United States in the manner and under the conditions prescribed
in this title and not otherwise.

(a) No person except as otherwise provided in this title shall
hereafter be naturalized as a citizen of the United States upon
his own application who cannot demonstrate-

(1) an understanding of the English language, including an ability
to read, write, and speak words in ordinary usage in the English
language: Provided, That the requirements of this paragraph relating
to ability to read and write shall be met if the applicant can
read or write simple words and phrases to the end that a reasonable
test of his literacy shall be made and that no extraordinary or
unreasonable conditions shall be imposed upon the applicant; and

(2) a knowledge and understanding of the fundamentals of the
history, and of the principles and form of government, of the
United States.

(b)(1) The requirements of subsection (a) shall not apply to
any person who is unable because of physical or developmental
disability or mental impairment to comply therewith.

(2) The requirement of subsection (a)(1) shall not apply to
any person who, on the date of the filing of the person's application
for naturalization as provided in section 334, either-

(A) is over fifty years of age and has been living in the United
States for periods totaling at least twenty years subsequent to
a lawful admission for permanent residence, or

(B) is over fifty-five years of age and has been living in the
United States for periods totaling at least fifteen years subsequent
to a lawful admission for permanent residence.

(3) The Attorney General, pursuant to regulations, shall provide
for special consideration, as determined by the Attorney General,
concerning the requirement of subsection (a)(2) with respect to
any person who, on the date of the filing of the person's application
for naturalization as provided in section 334, is over sixty-five
years of age and has been living in the United States for periods
totaling at least twenty years subsequent to a lawful admission
for permanent residence.

(a) Notwithstanding the provisions of section 405(b), no person
shall hereafter be naturalized as a citizen of the United States-

(1) who advocates or teaches, or who is a member of or affiliated
with any organization that advocates or teaches, opposition to
all organized government; or

(2) who is a member of or affiliated with (A) the Communist Party
of the United States; (B) any other totalitarian party of the
United States; (C) the Communist Political Association; (D) the
Communist or other totalitarian party of any State of the United
States, of any foreign state, or of any political or geographical
subdivision of any foreign state; (E) any section, subsidiary,
branch, affiliate, or subdivision of any such association or party;
or (F) the direct predecessors or successors of any such association
or party, regardless of what name such group or organization may
have used, may now bear, or may hereafter adopt, unless such alien
establishes that he did not have knowledge or reason to believe
at the time he became a member of or affiliated with such an organization
(and did not thereafter and prior to the date upon which such
organization was so registered or so required to be registered
have such knowledge or reason to believe) that such organization
was a Communist-front organization; or

(3) who, although not within any of the other provisions of this
section, advocates the economic, international, and governmental
doctrines of world communism or the establishment in the United
States of a totalitarian dictatorship, or who is a member of or
affiliated with any organization that advocates the economic,
international, and governmental doctrines of world communism or
the establishment in the United States of a totalitarian dictatorship,
either through its own utterances or through any written or printed
publications issued or published by or with the permission or
consent of or under authority of such organizations or paid for
by the funds of such organization; or

(4) who advocates or teaches or who is a member of or affiliated
with any organization that advocates or teaches (A) the overthrow
by force or violence or other unconstitutional means of the Government
of the United States or of all forms of law; or (B) the duty,
necessity, or propriety of the unlawful assaulting or killing
of any officer or officers (either of specific individuals or
of officers generally) of the Government of the United States
or of any other organized government because of his or their official
character; or (C) the unlawful damage, injury, or destruction
of property; or (D) sabotage; or

(5) who writes or publishes or causes to be written or published,
or who knowingly circulates, distributes, prints, or displays,
or knowingly causes to be circulated, distributed, printed, published,
or displayed or who knowingly has in his possession for the purpose
of circulation, publication, distribution, or display, any written
or printed matter, advocating or teaching opposition to all organized
government, or advocating (A) the overthrow by force, violence,
or other unconstitutional means of the Government of the United
States or of all forms of law; or (B) the duty, necessity, or
propriety of the unlawful assaulting or killing of any officer
or officers (either of specific individuals or of officers generally)
of the Government of the United States or of any other organized
government, because of his or their official character; or (C)
the unlawful damage, injury, or destruction of property; or (D)
sabotage; or (E) the economic, international, and governmental
doctrines of world communism or the establishment in the United
States of a totalitarian dictatorship; or

(6) who is a member of or affiliated with any organization, that
writes, circulates, distributes, prints, publishes, or displays,
or causes to be written, circulated, distributed, printed, published,
or displayed, or that has in its possession for the purpose of
circulation, distribution, publication, issue, or display, any
written or printed matter of the character described in subparagraph
(5).

(b) The provisions of this section or of any other section of
this Act shall not be construed as declaring that any of the organizations
referred to in this section or in any other section of this Act
do not advocate the overthrow of the Government of the United
States by force, violence, or other unconstitutional means.

(c) The provisions of this section shall be applicable to any
applicant for naturalization who at any time within a period of
ten years immediately preceding the filing of the application
for naturalization or after such filing and before taking the
final oath of citizenship is, or has been found to be within any
of the classes enumerated within this section, notwithstanding
that at the time the application is filed he may not be included
within such classes.

(d) Any person who is within any of the classes described in
subsection (a) solely because of past membership in, or past affiliation
with, a party or organization may be naturalized without regard
to the provisions of subsection (c) if such person establishes
that such membership or affiliation is or was involuntary, or
occurred and terminated prior to the attainment by such alien
of the age of sixteen years, or that such membership or affiliation
is or was by operation of law, or was for purposes of obtaining
employment, food rations, or other essentials of living and where
necessary for such purposes.

SEC. 314. [8 U.S.C. 1425] A person who, at any time during which
the United States has been or shall be at war, deserted or shall
desert the military, air, or naval forces of the United States,
or who, having been duly enrolled, departed, or shall depart from
the jurisdiction of the district in which enrolled, or who, whether
or not having been duly enrolled, went or shall go beyond the
limits of the United States, with intent to avoid any draft into
the military, air, or naval service, lawfully ordered, shall,
upon conviction thereof by a court martial or a court of competent
jurisdiction, be permanently ineligible to become a citizen of
the United States; and such deserters and evaders shall be forever
incapable of holding any office of trust or of profit under the
United States, or of exercising any rights of citizens thereof.

(a) Notwithstanding the provisions of section 405(b) but subject
to subsection (c), any alien who applies or has applied for exemption
or discharge from training or service in the Armed Forces or in
the National Security Training Corps of the United States on the
ground that he is an alien, and is or was relieved or discharged
from such training or service on such ground, shall be permanently
ineligible to become a citizen of the United States.

(b) The records of the Selective Service System or of the Department
of Defense shall be conclusive as to whether an alien was relieved
or discharged from such liability for training or service because
he was an alien.

(c) An alien shall not be ineligible for citizenship under this
section or otherwise because of an exemption from training or
service in the Armed Forces of the United States pursuant to the
exercise of rights under a treaty, if before the time of the exercise
of such rights the alien served in the Armed Forces of a foreign
country of which the alien was a national.

(a) No person, except as otherwise provided in this title, shall
be naturalized, unless such applicant, (1) immediately preceding
the date of filing his application for naturalization has resided
continuously, after being lawfully admitted for permanent residence,
within the United States for at least five years and during the
five years immediately preceding the date of filing his application
has been physically present therein for periods totaling at least
half of that time, and who has resided within the State or within
the district of the Service in the United States in which the
applicant filed the application for at least three months, (2)
has resided continuously within the United States from the date
of the application up to the time of admission to citizenship,
(3) during all the periods referred to in this subsection has
been and still is a person of good moral character, attached to
the principles of the Constitution of the United States, and well
disposed to the good order and happiness of the United States.

(b) Absence from the United States of more than six months but
less than one year during the period for which continuous residence
is required for admission to citizenship, immediately preceding
the date of filing the application for naturalization, or during
the period between the date of filing the application and the
date of any hearing under section 336(a), shall break the continuity
of such residence, unless the applicant shall establish to the
satisfaction of the Attorney General that he did not in fact abandon
his residence in the United States during such period.

Absence from the United States for a continuous period of one
year or more during the period for which continuous residence
is required for admission to citizenship (whether preceding or
subsequent to the filing of the application for naturalization)
shall break the continuity of such residence except that in the
case of a person who has been physically present and residing
in the United States after being lawfully admitted for permanent
residence for an uninterrupted period of at least one year and
who thereafter, is employed by or under contract with the Government
of the United States or an American institution of research recognized
as such by the Attorney General, or is employed by an American
firm or corporation engaged in whole or in part in the development
of foreign trade and commerce of the United States, or a subsidiary
thereof more than 50 per centum of whose stock is owned by an
American firm or corporation, or is employed by a public international
organization of which the United States is a member by treaty
or statute and by which the alien was not employed until after
being lawfully admitted for permanent residence, no period of
absence from the United States shall break the continuity of residence
if-

(1) prior to the beginning of such period of employment (whether
such period begins before or after his departure from the United
States), but prior to the expiration of one year of continuous
absence from the United States, the person has established to
the satisfaction of the Attorney General that his absence from
the United States for such period is to be on behalf of such Government,
or for the purpose of carrying on scientific research on behalf
of such institution, or to be engaged in the development of such
foreign trade and commerce or whose residence abroad is necessary
to the protection of the property rights in such countries of
such firm or corporation, or to be employed by a public international
organization of which the United States is a member by treaty
or statute and by which the alien was not employed until after
being lawfully admitted for permanent residence; and

(2) such person proves to the satisfaction of the Attorney General
that his absence from the United States for such period has been
for such purpose.

The spouse and dependent unmarried sons and daughters who are
members of the household of a person who qualifies for the benefits
of this subsection shall also be entitled to such benefits during
the period for which they were residing abroad as dependent members
of the household of the person.

(c) The granting of the benefits of subsection (b) of this section
shall not relieve the applicant from the requirement of physical
presence within the United States for the period specified in
subsection (a) of this section, except in the case of those persons
who are employed by, or under contract with, the Government of
the United States. In the case of a person employed by or under
contract with Central Intelligence Agency, the requirement in
subsection (b) of an uninterrupted period of at least one year
of physical presence in the United States may be complied with
by such person at any time prior to filing an application for
naturalization.

(d) No finding by the Attorney General that the applicant is
not deportable shall be accepted as conclusive evidence of good
moral character.

(e) In determining whether the applicant has sustained the burden
of establishing good moral character and the other qualifications
for citizenship specified in subsection (a) of this section, the
Attorney General shall not be limited to the applicant's conduct
during the five years preceding the filing of the application,
but may take into consideration as a basis for such determination
the applicant's conduct and acts at any time prior to that period.

(f)(1) Whenever the Director of Central Intelligence, the Attorney
General and the Commissioner of Immigration determine that an
applicant otherwise eligible for naturalization has made an extraordinary
contribution to the national security of the United States or
to the conduct of United States intelligence activities, the applicant
may be naturalized without regard to the residence and physical
presence requirements of this section, or to the prohibitions
of section 313 of this Act, and no residence within a particular
State or district of the Service in the United States shall be
required: Provided, That the applicant has continuously resided
in the United States for at least one year prior to naturalization:
Provided further, That the provisions of this subsection shall
not apply to any alien described in clauses (i) through (v) of
section 208(b)(2)(A) of this Act.

(2) An applicant for naturalization under this subsection may
be administered the oath of allegiance under section 337(a) by
any district court of the United States, without regard to the
residence of the applicant. Proceedings under this subsection
shall be conducted in a manner consistent with the protection
of intelligence sources, methods and activities.

(3) The number of aliens naturalized pursuant to this subsection
in any fiscal year shall not exceed five. The Director of Central
Intelligence shall inform the Select Committee on Intelligence
and the Committee on the Judiciary of the Senate and the Permanent
Select Committee on Intelligence and the Committee on the Judiciary
of the House of Representatives within a reasonable time prior
to the filing of each application under the provisions of this
subsection.

SEC. 317. [8 U.S.C. 1428] Any person who is authorized to perform
the ministerial or priestly functions of a religious denomination
having a bona fide organization within the United States, or any
person who is engaged solely by a religious denomination or by
an interdenominational mission organization having a bona fide
organization within the United States as a missionary, brother,
nun, or sister, who

(1) has been lawfully admitted to the United States for permanent
residence,

(2) has at any time thereafter and before filing an application
for naturalization been physically present and residing within
the United States for an uninterrupted period of at least one
year, and

(3) has heretofore been or may hereafter be absent temporarily
from the United States in connection with or for the purpose of
performing the ministerial or priestly functions of such religious
denomination, or serving as a missionary, brother, nun, or sister,
shall be considered as being physically present and residing in
the United States for the purpose of naturalization within the
meaning of section 316(a), notwithstanding any such absence from
the United States, if he shall in all other respects comply with
the requirements of the naturalization law. Such person shall
prove to the satisfaction of the Attorney General that his absence
from the United States has been solely for the purpose of performing
the ministerial or priestly functions of such religious denomination,
or of serving as a missionary, brother, nun, or sister.

SEC. 318. [8 U.S.C. 1429] Except as otherwise provided in this
title, no person shall be naturalized unless he has been lawfully
admitted to the United States for permanent residence in accordance
with all applicable provisions of this Act. The burden of proof
shall be upon such person to show that he entered the United States
lawfully, and the time, place, and manner of such entry into the
United States, but in presenting such proof he shall be entitled
to the production of his immigrant visa, if any, or of other entry
document, if any, and of any other documents and records, not
considered by the Attorney General to be confidential, pertaining
to such entry, in the custody of the Service. Notwithstanding
the provisions of section 405(b), and except as provided in sections
328 and 329 no person shall be naturalized against whom there
is outstanding a final finding of deportability pursuant to a
warrant of arrest issued under the provisions of this or any other
Act; and no application for naturalization shall be considered
by the Attorney General if there is pending against the applicant
a removal proceeding pursuant to a warrant of arrest issued under
the provisions of this or any other Act: Provided, That the findings
of the Attorney General in terminating removal proceedings or
in canceling the removal of an alien pursuant to the provisions
of this Act, shall not be deemed binding in any way upon the Attorney
General with respect to the question of whether such person has
established his eligibility for naturalization as required by
this title.

(a) Any person whose spouse is a citizen of the United States
may be naturalized upon compliance with all the requirements of
this title except the provisions of paragraph (1) of section 316(a)
if such person immediately preceding the date of filing his application
for naturalization has resided continuously, after being lawfully
admitted for permanent residence, within the United States for
at least three years, and during the three years immediately preceding
the date of filing his application has been living in marital
union with the citizen spouse, who has been a United States citizen
during all of such period, and has been physically present in
the United States for periods totaling at least half of that time
and has resided within the State or the district of the Service
in the United States in which the applicant filed his application
for at least three months.

(b) Any person,

(1) whose spouse is

(A) a citizen of the United States,

(B) in the employment of the Government of the United States,
or of an American institution of research recognized as such by
the Attorney General, or of an American firm or corporation engaged
in whole or in part in the development of foreign trade and commerce
of the United States, or a subsidiary thereof, or of a public
international organization in which the United States participates
by treaty or statute, or is authorized to perform the ministerial
or priestly functions of a religious denomination having a bona
fide organization within the United States, or is engaged solely
as a missionary by a religious denomination or by an interdenominational
mission organization having a bona fide organization within the
United States, and

(C) regularly stationed abroad in such employment, and

(2) who is in the United States at the time of naturalization,
and

(3) who declares before the Attorney General in good faith an
intention to take up residence within the United States immediately
upon the termination of such employment abroad of the citizen
spouse, may be naturalized upon compliance with all the requirements
of the naturalization laws, except that no prior residence or
specified period of physical presence within the United States
or within a State or a district of the Service in the United States
or proof thereof shall be required.

(c) Any person who

(1) is employed by a bona fide United States incorporated nonprofit
organization which is principally engaged in conducting abroad
through communications media the dissemination of information
which significantly promotes United States interests abroad and
which is recognized as such by the Attorney General, and

(2) has been so employed continuously for a period of not less
than five years after a lawful admission for permanent residence,
and

(3) who files his application for naturalization while so employed
or within six months following the termination thereof, and

(4) who is in the United States at the time of naturalization,
and

(5) who declares before the Attorney General in good faith an
intention to take up residence within the United States immediately
upon termination of such employment, may be naturalized upon compliance
with all the requirements of this title except that no prior residence
or specified period of physical presence within the United States
or any State or district of the Service in the United States,
or proof thereof, shall be required.

(d) Any person who is the surviving spouse of a United States
citizen, whose citizen spouse dies during a period of honorable
service in an active duty status in the Armed Forces of the United
States and who was living in marital union with the citizen spouse
at the time of his death, may be naturalized upon compliance with
all the requirements of this title except that no prior residence
or specified physical presence within the United States, or within
a State or a district of the Service in the United States shall
be required.

(a) A child born outside of the United States, one of whose parents
at the time of the child's birth was an alien and the other of
whose parents then was and never thereafter ceased to be a citizen
of the United States, shall, if such alien parent is naturalized,
become a citizen of the United States, when-

(1) such naturalization takes place while such child is under
the age of eighteen years; and

(2) such child is residing in the United States pursuant to a
lawful admission for permanent residence at the time of naturalization
or thereafter and begins to reside permanently in the United States
while under the age of eighteen years.

(b) Subsection (a) of this section shall apply to an adopted
child only if the child is residing in the United States at the
time of naturalization of such adoptive parent, in the custody
of his adoptive parents, pursuant to a lawful admission for permanent
residence.

(a) A child born outside of the United States of alien parents,
or of an alien parent and a citizen parent who has subsequently
lost citizenship of the United States, becomes a citizen of the
United States upon fulfillment of the following conditions:

(1) The naturalization of both parents; or

(2) The naturalization of the surviving parent if one of the
parents is deceased; or

(3) The naturalization of the parent having legal custody of
the child when there has been a legal separation of the parents
or the naturalization of the mother if the child was born out
of wedlock and the paternity of the child has not been established
by legitimation; and if

(4) Such naturalization takes place while such child is under
the age of eighteen years; and

(5) Such child is residing in the United States pursuant to a
lawful admission for permanent residence at the time of the naturalization
of the parent last naturalized under clause (1) of this subsection,
or the parent naturalized under clause (2) or (3) of this subsection,
or thereafter begins to reside permanently in the United States
while under the age of eighteen years.

(b) Subsection (a) of this section shall apply to an adopted
child only if the child is residing in the United States at the
time of naturalization of such adoptive parent or parents, in
the custody of his adoptive parent or parents, pursuant to a lawful
admission for permanent residence.

(a) A parent who is a citizen of the United States may apply
to the Attorney General for a certificate of citizenship on behalf
of a child born outside the United States. The Attorney General
shall issue such a certificate of citizenship upon proof to the
satisfaction of the Attorney General that the following conditions
have been fulfilled:

(1) At least one parent is a citizen of the United States, whether
by birth or naturalization.

(2) The child is physically present in the United States pursuant
to a lawful admission.

(3) The child is under the age of 18 years and in the legal
custody of the citizen parent.

(4) If the citizen parent is an adoptive parent of the child,
the child was adopted by the citizen parent before the child reached
the age of 16 years and the child meets the requirements for being
a child under subparagraph (E) or (F) of section 101(b)(1).

(5) If the citizen parent has not been physically present in
the United States or its outlying possessions for a period or
periods totaling not less than five years, at least two of which
were after attaining the age of fourteen years-

(A) the child is residing permanently in the United States with
the citizen parent, pursuant to a lawful admission for permanent
residence, or

(B) a citizen parent of the citizen parent has been physically
present in the United States or its outlying possessions for a
period or periods totaling not less than five years, at least
two which were after attaining the age of fourteen years.

(b) Upon approval of the application (which may be filed abroad)
and, except as provided in the last sentence of section 337(a),
upon taking and subscribing before an officer of the Service within
the United States to the oath of allegiance required by this Act
of an applicant for naturalization, the child shall become a citizen
of the United States and shall be furnished by the Attorney General
with a certificate of citizenship.

(c) Subsection (a) of this section shall apply to the adopted
child of a United States citizen adoptive parent if the conditions
specified in such subsection have been fulfilled.

(a) Any person formerly a citizen of the United States who (1)
prior to September 22, 1922, lost United States citizenship by
marriage to an alien, or by the loss of United States citizenship
of such person's spouse, or (2) on or after September 22, 1922,
lost United States citizenship by marriage to an alien ineligible
to citizenship, may if no other nationality was acquired by an
affirmative act of such person other than by marriage be naturalized
upon compliance with all requirements of this title, except-

(1) no period of residence or specified period of physical presence
within the United States or within the State or district of the
Service in the United States where the application is filed shall
be required; and

(2) the application need not set forth that it is the intention
of the applicant to reside permanently within the United States.

Such person, or any person who was naturalized in accordance
with the provisions of section 317(a) of the Nationality Act of
1940, shall have, from and after her naturalization, the status
of a native-born or naturalized citizen of the United States,
whichever status existed in the case of such person prior to the
loss of citizenship: Provided, That nothing contained herein or
in any other provision of law shall be construed as conferring
United States citizenship retroactively upon such person, or upon
any person who was naturalized in accordance with the provisions
of section 317(a) of the Nationality Act of 1940, during any period
in which such person was not a citizen.

(b) No person who is otherwise eligible for naturalization in
accordance with the provisions of subsection (a) of this section
shall be naturalized unless such person shall establish to the
satisfaction of the Attorney General that she has been a person
of good moral character, attached to the principles of the Constitution
of the United States, and well disposed to the good order and
happiness of the United States for a period of not less than five
years immediately preceding the date of filing an application
for naturalization and up to the time of admission to citizenship,
and, unless she has resided continuously in the United States
since the date of her marriage, has been lawfully admitted for
permanent residence prior to filing her application for naturalization.

(c)(1) A woman who was a citizen of the United States at birth
and (A) who has or is believed to have lost her United States
citizenship solely by reason of her marriage prior to September
22, 1922, to an alien, or by her marriage on or after such date
to an alien ineligible to citizenship, (B) whose marriage to such
alien shall have terminated subsequent to January 12, 1941, and
(C) who has not acquired by an affirmative act other than by marriage
any other nationality, shall, from and after taking the oath of
allegiance required by section 337 of this title, be a citizen
of the United States and have the status of a citizen of the United
States by birth, without filing an application for naturalization,
and notwithstanding any of the other provisions of this title
except the provisions of section 313: Provided, That nothing contained
herein or in any other provision of law shall be construed as
conferring United States citizenship retroactively upon such person,
or upon any person who was naturalized in accordance with the
provisions of section 317(b) of the Nationality Act of 1940, during
any period in which such person was not a citizen.

(2) Such oath of allegiance may be taken abroad before a diplomatic
or consular officer of the United States, or in the United States
before the Attorney General or the judge or clerk of a court described
in section 310(b).

(3) Such oath of allegiance shall be entered in the records of
the appropriate embassy, legation, consulate, court, or the Attorney
General, and, upon demand, a certified copy of the proceedings,
including a copy of the oath administered, under the seal of the
embassy, legation, consulate, court, or the Attorney General,
shall be delivered to such woman at a cost not exceeding $5, which
certified copy shall be evidence of the facts stated therein before
any court of record or judicial tribunal and in any department
or agency of the Government of the United States.

(d)(1) A person who was a citizen of the United States at birth
and lost such citizenship for failure to meet the physical presence
retention requirements under section 301(b) (as in effect before
October 10, 1978), shall, from and after taking the oath of allegiance
required by section 337 be a citizen of the United States and
have status of citizen of the United States by birth, without
filing an application for naturalization, and notwithstanding
any of the other provisions of this title except the provisions
of section 313. Nothing in this subsection or any other provision
of law shall be construed as conferring United States citizenship
retroactively upon such person during any period in which such
person was not a citizen.

(2) The provisions of paragraphs (2) and (3) of subsection (c)
shall apply to a person regaining citizenship under paragraph
(1) in the same manner as they apply under subsection (c)(1).

SEC. 325. [8 U.S.C. 1436] A person not a citizen who owes permanent
allegiance to the United States, and who is otherwise qualified,
may, if he becomes a resident of any State, be naturalized upon
compliance with the applicable requirements of this title, except
that in applications for naturalization filed under the provisions
of this section residence and physical presence within the United
States within the meaning of this title shall include residence
and physical presence within any of the outlying possessions of
the United States.

SEC. 326. [8 U.S.C. 1437] Any person who (1) was a citizen of
the Commonwealth of the Philippines on July 2, 1946, (2) entered
the United States prior to May 1, 1934, and (3) has, since such
entry, resided continuously in the United States shall be regarded
as having been lawfully admitted to the United States for permanent
residence for the purpose of applying for naturalization under
this title.

(a) Any person who, (1) during World War II and while a citizen
of the United States, served in the military, air, or naval forces
of any country at war with a country with which the United States
was at war after December 7, 1941, and before September 2, 1945,
and (2) has lost United States citizenship by reason of entering
or serving in such forces, or taking an oath or obligation for
the purpose of entering such forces, may, upon compliance with
all the provisions of title III, of this Act, except section 316(a),
and except as otherwise provided in subsection (b), be naturalized
by taking before the Attorney General or before a court described
in section 310(b) the oath required by section 337 of this title.
Certified copies of such oath shall be sent by such court to the
Department of State and to the Department of Justice and by the
Attorney General to the Secretary of State.

(b) No person shall be naturalized under subsection (a) of this
section unless he-

(1) is, and has been for a period of at least five years immediately
preceding taking the oath required in subsection (a), a person
of good moral character, attached to the principles of the Constitution
of the United States and well disposed to the good order and happiness
of the United States; and

(2) has been lawfully admitted to the United States for permanent
residence and intends to reside permanently in the United States.

(c) Any person naturalized in accordance with the provisions
of this section, or any person who was naturalized in accordance
with the provisions of section 323 of the Nationality Act of 1940,
shall have, from and after such naturalization, the status of
a native-born, or naturalized, citizen of the United States, whichever
status existed in the case of such person prior to the loss of
citizenship: Provided, That nothing contained herein, or in any
other provision of law, shall be construed as conferring United
States citizenship retroactively upon any such person during any
period in which such person was not a citizen.

(d) For the purposes of this section, World War II shall be deemed
to have begun on September 1, 1939, and to have terminated on
September 2, 1945.

(e) This section shall not apply to any person who during World
War II served in the armed forces of a country while such country
was at war with the United States.

(a) A person who has served honorably at any time in the Armed
Forces of the United States for a period or periods aggregating
three years, and who, if separated from such service, was never
separated except under honorable conditions, may be naturalized
without having resided, continuously immediately preceding the
date of filing such person's application, in the United States
for at least five years, and in the State or district of the Service
in the United States in which the application for naturalization
is filed for at least three months, and without having been physically
present in the United States for any specified period, if such
application is filed while the applicant is still in the service
or within six months after the termination of such service.

(b) A person filing a application under subsection (a) of this
section shall comply in all other respects with the requirements
of this title, except that-

(1) No residence within a State or district of the Service in
the United States shall be required;

(2) Notwithstanding section 318 insofar as it relates to deportability,
such applicant may be naturalized immediately if the applicant
be then actually in the Armed Forces of the United States, and
if prior to the filing of the application, the applicant shall
have appeared before and been examined by a representative of
the Service;

(3) The applicant shall furnish to the Attorney General, prior
to any final hearing upon his application, a certified statement
from the proper executive department for each period of his service
upon which he relies for the benefits of this section, clearly
showing that such service was honorable and that no discharges
from service, including periods of service not relied upon by
him for the benefits of this section, were other than honorable.
The certificate or certificates herein provided for shall be conclusive
evidence of such service and discharge.

(c) In the case such applicant's service was not continuous,
the applicant's residence in the United States and State or district
of the Service in the United States, good moral character, attachment
to the principles of the Constitution of the United States, and
favorable disposition toward the good order and happiness of the
United States, during any period within five years immediately
preceding the date of filing such application between the periods
of applicant's service in the Armed Forces, shall be alleged in
the application filed under the provisions of subsection (a) of
this section, and proved at any hearing thereon. Such allegation
and proof shall also be made as to any period between the termination
of applicant's service and the filing of the application for naturalization.

(d) The applicant shall comply with the requirements of section
316(a) of this title, if the termination of such service has been
more than six months preceding the date of filing the application
for naturalization, except that such service within five years
immediately preceding the date of filing such application shall
be considered as residence and physical presence within the United
States.

(e) Any such period or periods of service under honorable conditions,
and good moral character, attachment to the principles of the
Constitution of the United States, and favorable disposition toward
the good order and happiness of the United States, during such
service, shall be proved by duly authenticated copies of the records
of the executive departments having custody of the records of
such service, and such authenticated copies of records shall be
accepted in lieu of compliance with the provisions of section
316(a).

(a) Any person who, while an alien or a noncitizen national of
the United States, has served honorably in an active-duty status
in the military, air, or naval forces of the United States during
either World War I or during a period beginning September 1, 1939,
and ending December 31, 1946, or during a period beginning June
25, 1950, and ending July 1, 1955, or during a period beginning
February 28, 1961, and ending on a date designated by the President
by Executive order as the date of termination of the Vietnam hostilities,
or thereafter during any other period which the President by Executive
order shall designate as a period in which Armed Forces of the
United States are or were engaged in military operations involving
armed conflict with a hostile foreign force, and who, if separated
from such service, was separated under honorable conditions, may
be naturalized as provided in this section if (1) at the time
of enlistment or induction such person shall have been in the
United States, the Canal Zone, America Samoa, or Swains Island,
whether or not he has been lawfully admitted to the United States
for permanent residence, or (2) at any time subsequent to enlistment
or induction such person shall have been lawfully admitted to
the United States for permanent residence. The executive department
under which such person served shall determine whether persons
have served honorably in an active-duty status, and whether separation
from such service was under honorable conditions: Provided, however,
That no person who is or has been separated from such service
on account of alienage, or who was a conscientious objector who
performed no military, air, or naval duty whatever or refused
to wear the uniform, shall be regarded as having served honorably
or having been separated under honorable conditions for the purposes
of this section. No period of service in the Armed Forces shall
be made the basis of a application for naturalization under this
section if the applicant has previously been naturalized on the
basis of the same period of service.

(b) A person filing an application under subsection (a) of this
section shall comply in all other respects with the requirements
of this title, except that-

(1) he may be naturalized regardless of age, and notwithstanding
the provisions of section 318 as they relate to deportability
and the provisions of section 331;

(2) no period of residence or specified period of physical presence
within the United States or any State or district of the Service
in the United States shall be required; and

(3) service in the military, air, or naval forces of the United
States shall be proved by a duly authenticated certification from
the executive department under which the applicant served or is
serving, which shall state whether the applicant served honorably
in an active-duty status during either World War I or during a
period beginning September 1, 1939, and ending December 31, 1946,
or during a period beginning June 25, 1950, and ending July 1,
1955, or during a period beginning February 28, 1961, and ending
on a date designated by the President by Executive order as the
date of termination of the Vietnam hostilities, or thereafter
during any other period which the President by Executive order
shall designate as a period in which Armed Forces of the United
States are or were engaged in military operations involving armed
conflict with a hostile foreign force, and was separated from
such service under honorable conditions.

(c) Citizenship granted pursuant to this section may be revoked
in accordance with section 340 of this title if at any time subsequent
to naturalization the person is separated from the military, air,
or naval forces under other than honorable conditions, and such
ground for revocation shall be in addition to any other provided
by law. The fact that the naturalized person was separated from
the service under other than honorable conditions shall be proved
by a duly authenticated certification from the executive department
under which the person was serving at the time of separation.

(a) PERMITTING GRANTING OF POSTHUMOUS CITIZENSHIP.-Notwithstanding
any other provision of this title, the Attorney General shall
provide, in accordance with this section, for the granting of
posthumous citizenship at the time of death to a person described
in subsection (b) if the Attorney General approves an application
for that posthumous citizenship under subsection (c).

(b) NONCITIZENS ELIGIBLE FOR POSTHUMOUS CITIZENSHIP.-A person
referred to in subsection (a) is a person who, while an alien
or a noncitizen national of the United States-

(1) served honorably in an active-duty status in the military,
air, or naval forces of the United States during any period described
in the first sentence of section 329(a),

(2) died as a result of injury or disease incurred in or aggravated
by that service, and

(3) satisfied the requirements of clause (1) or (2) of the first
sentence of section 329(a).

The executive department under which the person so served shall
determine whether the person satisfied the requirements of paragraphs
(1) and (2).

(c) REQUESTS FOR POSTHUMOUS CITIZENSHIP.-A request for the granting
of posthumous citizenship to a person described in subsection
(b) may be filed on behalf of the person only by the next-of-kin
(as defined by the Attorney General) or another representative
(as defined by the Attorney General). The Attorney General shall
approve such a request respecting a person if-

(1) the request is filed not later than 2 years after-

(A) the date of the enactment of this section, or

(B) the date of the person's death, whichever date is later;

(2) the request is accompanied by a duly authenticated certificate
from the executive department under which the person served which
states that the person satisfied the requirements of paragraphs
(1) and (2) of subsection (b); and

(3) the Attorney General finds that the person satisfied the
requirement of subsection (b)(3).

(d) DOCUMENTATION OF POSTHUMOUS CITIZENSHIP.-If the Attorney
General approves such a request to grant a person posthumous citizenship,
the Attorney General shall send to the individual who filed the
request a suitable document which states that the United States
considers the person to have been a citizen of the United States
at the time of the person's death.

(e) NO BENEFITS TO SURVIVORS.-Nothing in this section or section
319(d) shall be construed as providing for any benefits under
this Act for any spouse, son, daughter, or other relative of a
person granted posthumous citizenship under this section.

SEC. 330. [8 U.S.C. 1441] Any periods of time during all of which
a person who was previously lawfully admitted for permanent residence
has served honorably or with good conduct, in any capacity other
than as a member of the Armed Forces of the United States, (A)
on board a vessel operated by the United States, or an agency
thereof, the full legal and equitable title to which is in the
United States; or (B) on board a vessel whose home port is in
the United States, and (i) which is registered under the laws
of the United States, or (ii) the full legal and equitable title
to which is in a citizen of the United States, or a corporation
organized under the laws of any of the several States of the United
States, shall be deemed residence and physical presence within
the United States within the meaning of section 316(a) of this
title, if such service occurred within five years immediately
preceding the date such person shall file an application for naturalization.
Service on vessels described in clause (A) of this section shall
be proved by duly authenticated copies of the records of the executive
departments or agency having custody of records of such service.
Service on vessels described in clause (B) of this section may
be proved by certificates from the masters of such vessels.

(a) An alien who is a native, citizen, subject, or denizen of
any country, state, or sovereignty with which the United States
is at war may, after his loyalty has been fully established upon
investigation by the Attorney General, be naturalized as a citizen
of the United States if such alien's application for naturalization
shall be pending at the beginning of the state of war and the
applicant is otherwise entitled to admission to citizenship.

(b) An alien embraced within this section shall not have his
application for naturalization considered or heard except after
90 days' notice to the Attorney General to be considered at the
examination or hearing, and the Attorney General's objection to
such consideration shall cause the application to be continued
from time to time for so long as the Attorney General may require.

(c) The Attorney General may, in his discretion, upon investigation
fully establishing the loyalty of any alien enemy who did not
have an application for naturalization pending at the beginning
of the state of war, except such alien enemy from the classification
of alien enemy for the purposes of this title, and thereupon such
alien shall have the privilege of filing an application for naturalization.

(d) An alien who is a native, citizen, subject, or denizen of
any country, state, or sovereignty with which the United States
is at war shall cease to be an alien enemy within the meaning
of this section upon the determination by proclamation of the
President, or by concurrent resolution of the Congress, that hostilities
between the United States and such country, state, or sovereignty
have ended.

(e) Nothing contained herein shall be taken or construed to interfere
with or prevent the apprehension and removal, consistent with
law, of any alien enemy at any time prior to the actual naturalization
of such alien

(a) The Attorney General shall make such rules and regulations
as may be necessary to carry into effect the provisions of this
chapter and is authorized to prescribe the scope and nature of
the examination of applicants for naturalization as to their admissibility
to citizenship. Such examination shall be limited to inquiry concerning
the applicant's residence, physical presence in the United States,
good moral character, understanding of and attachment to the fundamental
principles of the Constitution of the United States, ability to
read, write, and speak English, and other qualifications to become
a naturalized citizen as required by law, and shall be uniform
throughout the United States.

(b) The Attorney General is authorized to promote instruction
and training in citizenship responsibilities of applicants for
naturalization including the sending of names of candidates for
naturalization to the public schools, preparing and distributing
citizenship textbooks to such candidates as are receiving instruction
in preparation for citizenship within or under the supervision
of the public schools, preparing and distributing monthly an immigration
and naturalization bulletin and securing the aid of and cooperating
with official State and national organizations, including those
concerned with vocational education.

(c) The Attorney General shall prescribe and furnish such forms
as may be required to give effect to the provisions of this chapter,
and only such forms as may be so provided shall be legal. All
certificates of naturalization and of citizenship shall be printed
on safety paper and shall be consecutively numbered in separate
series.

(d) Employees of the Service may be designated by the Attorney
General to administer oaths and to take depositions without charge
in matters relating to the administration of the naturalization
and citizenship laws. In cases where there is a likelihood of
unusual delay or, of hardship, the Attorney General may, in his
discretion, authorize such depositions to be taken before a postmaster
without charge, or before a notary public or other person authorized
to administer oaths for general purposes.

(e) A certificate of naturalization or of citizenship issued
by the Attorney General under the authority of this title shall
have the same effect in all courts, tribunals, and public offices
of the United States, at home and abroad, of the District of Columbia,
and of each State, Territory, and outlying possession of the United
States, as a certificate of naturalization or of citizenship issued
by a court having naturalization jurisdiction.

(f) Certifications and certified copies of all papers, documents,
certificates, and records required or authorized to be issued,
used, filed, recorded, or kept under any and all provisions of
this Act shall be admitted in evidence equally with the originals
in any and all cases and proceedings under this Act and in all
cases and proceedings in which the originals thereof might be
admissible as evidence.

(g) The officers in charge of property owned or leased by the
Government are authorized, upon the recommendation of the Attorney
General, to provide quarters without payment of rent, in any building
occupied by the Service, for a photographic studio, operated by
welfare organizations without profit and solely for the benefit
of persons seeking to comply with requirements under the immigration
and nationality laws. Such studio shall be under the supervision
of the Attorney General.

(h) In order to promote the opportunities and responsibilities
of United States citizenship, the Attorney General shall broadly
distribute information concerning the benefits which persons may
receive under this title and the requirements to obtain such benefits.
In carrying out this subsection, the Attorney General shall seek
the assistance of appropriate community groups, private voluntary
agencies, and other relevant organizations. There are authorized
to be appropriated (for each fiscal year beginning with fiscal
year 1991) such sums as may be necessary to carry out this subsection.

(a) Three identical photographs of the applicant shall be signed
by and furnished by each applicant for naturalization or citizenship.
One of such photographs shall be affixed by the Attorney General
to the original certificate of naturalization issued to the naturalized
citizen and one to the duplicate certificate of naturalization
required to be forwarded to the Service.

(b) Three identical photographs of the applicant shall be furnished
by each applicant for-

(1) a record of lawful admission for permanent residence to be
made under section 249;

(2) a certificate of derivative citizenship;

(3) a certificate of naturalization or of citizenship;

(4) a special certificate of naturalization;

(5) a certificate of naturalization or of citizenship, in lieu
of one lost, mutilated, or destroyed;

(6) a new certificate of citizenship in the new name of any naturalized
citizen who, subsequent to naturalization, has had his name changed
by order of a court of competent jurisdiction or by marriage;
and

(7) a declaration of intention.

One such photograph shall be affixed to each such certificate
issued by the Attorney General and one shall be affixed to the
copy of such certificate retained by the Service.

(a) An applicant for naturalization shall make and file with
the Attorney General a sworn application in writing, signed by
the applicant in the applicant's own handwriting, if physically
able to write, which application shall be on a form prescribed
by the Attorney General and shall include averments of all facts
which in the opinion of the Attorney General may be material to
the applicant's naturalization, and required to be proved under
this title. In the case of an applicant subject to a requirement
of continuous residence under section 316(a) or 319(a), the application
for naturalization may be filed up to 3 months before the date
the applicant would first otherwise meet such continuous residence
requirement.

(b) No person shall file a valid application for naturalization
unless he shall have attained the age of eighteen years. An application
for naturalization by an alien shall contain an averment of lawful
admission for permanent residence.

(c) Hearings under section 336(a) on applications for naturalization
shall be held at regular intervals specified by the Attorney General.

(d) Except as provided in subsection (e), an application for
naturalization shall be filed in the office of the Attorney General.

(e) A person may file an application for naturalization other
than in the office of the Attorney General, and an oath of allegiance
administered other than in a public ceremony before the Attorney
General or a court, if the Attorney General determines that the
person has an illness or other disability which-

(1) is of a permanent nature and is sufficiently serious to prevent
the person's personal appearance, or

(2) is of a nature which so incapacitates the person as to prevent
him from personally appearing.

(f) An alien over 18 years of age who is residing in the United
States pursuant to a lawful admission for permanent residence
may file with the Attorney General a declaration of intention
to become a citizen of the United States. Such a declaration shall
be filed in duplicate and in a form prescribed by the Attorney
General and shall be accompanied by an application prescribed
and approved by the Attorney General. Nothing in this subsection
shall be construed as requiring any such alien to make and file
a declaration of intention as a condition precedent to filing
an application for naturalization nor shall any such declaration
of intention be regarded as conferring or having conferred upon
any such alien United States citizenship or nationality or the
right to United States citizenship or nationality, nor shall such
declaration be regarded as evidence of such alien's lawful admission
for permanent residence in any proceeding, action, or matter arising
under this or any other Act.

(a) Before a person may be naturalized, an employee of the Service,
or of the United States designated by the Attorney General, shall
conduct a personal investigation of the person applying for naturalization
in the vicinity or vicinities in which such person has maintained
his actual place of abode and in the vicinity or vicinities in
which such person has been employed or has engaged in business
or work for at least five years immediately preceding the filing
of his application for naturalization. The Attorney General may,
in his discretion, waive a personal investigation in an individual
case or in such cases or classes of cases as may be designated
by him.

(b) The Attorney General shall designate employees of the Service
to conduct examinations upon applications for naturalization.
For such purposes any such employee so designated is hereby authorized
to take testimony concerning any matter touching or in any way
affecting the admissibility of any applicant for naturalization,
to administer oaths, including the oath of the applicant for naturalization,
and to require by subpoena the attendance and testimony of witnesses,
including applicant, before such employee so designated and the
production of relevant books, papers, and documents, and to that
end may invoke the aid of any district court of the United States;
and any such court may, in the event of neglect or refusal to
respond to a subpoena issued by any such employee so designated
or refusal to testify before such employee so designated issue
an order requiring such person to appear before such employee
so designated, produce relevant books, papers, and documents if
demanded, and testify; and any failure to obey such order of the
court may be punished by the court as a contempt thereof. The
record of the examination authorized by this subsection shall
be admissible as evidence in any hearing conducted by an immigration
officer under section 336(a). Any such employee shall, at the
examination, inform the applicant of the remedies available to
the applicant under section 336.

(c) The record of the examination upon any application for naturalization
may, in the discretion of the Attorney General, be transmitted
to the Attorney General and the determination with respect thereto
of the employee designated to conduct such examination shall when
made also be transmitted to the Attorney General.

(d) The employee designated to conduct any such examination shall
make a determination as to whether the application should be granted
or denied, with reasons therefor.

(e) After an application for naturalization has been filed with
the Attorney General, the applicant shall not be permitted to
withdraw his application, except with the consent of the Attorney
General. In cases where the Attorney General does not consent
to the withdrawal of the application, the application shall be
determined on its merits and a final order determination made
accordingly. In cases where the applicant fails to prosecute his
application, the application shall be decided on the merits unless
the Attorney General dismisses it for lack of prosecution.

(f) An applicant for naturalization who moves from the district
of the Service in the United States in which the application is
pending may, at any time thereafter, request the Service to transfer
the application to any district of the Service in the United States
which may act on the application. The transfer shall not be made
without the consent of the Attorney General. In the case of such
a transfer, the proceedings on the application shall continue
as though the application had originally been filed in the district
of the Service to which the application is transferred.

(a) If, after an examination under section 335, an application
for naturalization is denied, the applicant may request a hearing
before an immigration officer.

(b) If there is a failure to make a determination under section
335 before the end of the 120-day period after the date on which
the examination is conducted under such section, the applicant
may apply to the United States district court for the district
in which the applicant resides for a hearing on the matter. Such
court has jurisdiction over the matter and may either determine
the matter or remand the matter, with appropriate instructions,
to the Service to determine the matter.

(c) The Attorney General shall have the right to appear before
any immigration officer in any naturalization proceedings for
the purpose of cross-examining the applicant and the witnesses
produced in support of the application concerning any matter touching
or in any way affecting the applicant's right to admission to
citizenship, and shall have the right to call witnesses, including
the applicant, produce evidence, and be heard in opposition to,
or in favor of, the granting of any application in naturalization
proceedings.

(d) The immigration officer shall, if the applicant requests
it at the time of filing the request for the hearing, issue a
subpoena for the witnesses named by such applicant to appear upon
the day set for the hearing, but in case such witnesses cannot
be produced upon the hearing other witnesses may be summoned upon
notice to the Attorney General, in such manner and at such time
as the Attorney General may by regulation prescribe. Such subpoenas
may be enforced in the same manner as subpoenas under section
335(b) may be enforced.

(e) It shall be lawful at the time and as a part of the administration
by a court of the oath of allegiance under section 337(a) for
the court, in its discretion, upon the bona fide prayer of the
applicant included in an appropriate petition to the court, to
make a decree changing the name of said person, and the certificate
of naturalization shall be issued in accordance therewith.

(a) A person who has applied for naturalization shall, in order
to be and before being admitted to citizenship, take in a public
ceremony before the Attorney General or a court with jurisdiction
under section 310(b) an oath (1) to support the Constitution of
the United States; (2) to renounce and abjure absolutely and entirely
all allegiance and fidelity to any foreign prince, potentate,
state, or sovereignty of whom or which the applicant was before
a subject or citizen; (3) to support and defend the Constitution
and the laws of the United States against all enemies, foreign
and domestic; (4) to bear true faith and allegiance to the same;
and (5) (A) to bear arms on behalf of the United States when required
by the law, or (B) to perform noncombatant service in the Armed
Forces of the United States when required by the law, or (C) to
perform work of national importance under civilian direction when
required by the law. Any such person shall be required to take
an oath containing the substance of clauses (1) through (5) of
the preceding sentence, except that a person who shows by clear
and convincing evidence to the satisfaction of the Attorney General
that he is opposed to the bearing of arms in the Armed Forces
of the United States by reason of religious training and belief
shall be required to take an oath containing the substance of
clauses (1) through (4) and clauses (5)(B) and (5)(C), and a person
who shows by clear and convincing evidence to the satisfaction
of the Attorney General that he is opposed to any type of service
in the Armed Forces of the United States by reason of religious
training and belief shall be required to take an oath containing
the substance of clauses (1) through (4) and clause (5)(C). The
term "religious training and belief" as used in this
section shall mean an individual's belief in a relation to a Supreme
Being involving duties superior to those arising from any human
relation, but does not include essentially political, sociological,
or philosophical views or a merely personal moral code. In the
case of the naturalization of a child under the provisions of
section 322 of this title the Attorney General may waive the taking
of the oath if in the opinion of the Attorney General the child
is unable to understand its meaning.

(b) In case the person applying for naturalization has borne
any hereditary title, or has been of any of the orders of nobility
in any foreign state, the applicant shall in addition to complying
with the requirements of subsection (a) of this section, make
under oath in the same public ceremony in which the oath of allegiance
is administered, an express renunciation of such title or order
of nobility, and such renunciation shall be recorded as a part
of such proceedings.

(c) Notwithstanding section 310(b), an individual may be granted
an expedited judicial oath administration ceremony or administrative
naturalization by the Attorney General upon demonstrating sufficient
cause. In determining whether to grant an expedited judicial oath
administration ceremony, a court shall consider special circumstances
(such as serious illness of the applicant or a member of the applicant's
immediate family, permanent disability sufficiently incapacitating
as to prevent the applicant's personal appearance at the scheduled
ceremony, developmental disability or advanced age, or exigent
circumstances relating to travel or employment). If an expedited
judicial oath administration ceremony is impracticable, the court
shall refer such individual to the Attorney General who may provide
for immediate administrative naturalization.

(d) The Attorney General shall prescribe rules and procedures
to ensure that the ceremonies conducted by the Attorney General
for the administration of oaths of allegiance under this section
are public, conducted frequently and at regular intervals, and
are in keeping with the dignity of the occasion.

SEC. 338. [8 U.S.C. 1449] A person admitted to citizenship in
conformity with the provisions of this title shall be entitled
upon such admission to receive from the Attorney General a certificate
of naturalization, which shall contain substantially the following
information: Number of application for naturalization; number
of certificate of naturalization; date of naturalization; name,
signature, place of residence, autographed photograph, and personal
description of the naturalized person, including age, sex, marital
status, and country of former nationality; location of the district
office of the Service in which the application was filed and the
title, authority, and location of the official or court administering
the oath of allegiance; statement that the Attorney General, having
found that the applicant had complied in all respects with all
of the applicable provisions of the naturalization laws of the
United States, and was entitled to be admitted a citizen of the
United States of America, thereupon ordered that the applicant
be admitted as a citizen of the United States of America; attestation
of an immigration officer; and the seal of the Department of Justice.

(a) The clerk of each court that administers oaths of allegiance
under section 337 shall-

(1) Deliver to each person administered the oath of allegiance
by the court pursuant to section 337(a) the certificate of naturalization
prepared by the Attorney General pursuant to section 310(b)(2)(A)(ii),

(2) forward to the Attorney General a list of applicants actually
taking the oath at each scheduled ceremony and information concerning
each person to whom such an oath is administered by the court,
within 30 days after the close of the month in which the oath
was administered,

(3) forward to the Attorney General certified copies of such
other proceedings and orders instituted in or issued out of the
court affecting or relating to the naturalization of persons as
may be required from time to time by the Attorney General, and

(4) be responsible for all blank certificates of naturalization
received by them from time to time from the Attorney General and
shall account to the Attorney General for them whenever required
to do so.

No certificate of naturalization received by any clerk of court
which may be defaced or injured in such manner as to prevent its
use as herein provided shall in any case be destroyed, but such
certificates shall be returned to the Attorney General. (b) Each
district office of the Service in the United States shall maintain,
in chronological order, indexed, and consecutively numbered, as
part of its permanent records, all declarations of intention and
applications for naturalization filed with the office.

(a) It shall be the duty of the United States attorneys for the
respective districts, upon affidavit showing good cause therefor,
to institute proceedings in any district court of the United States
in the judicial district in which the naturalized citizen may
reside at the time of bringing suit, for the purpose of revoking
and setting aside the order admitting such person to citizenship
and canceling the certificate of naturalization on the ground
that such order and certificate of naturalization were illegally
procured or were procured by concealment of a material fact or
by willful misrepresentation, and such revocation and setting
aside of the order admitting such person to citizenship and such
canceling of certificate of naturalization shall be effective
as of the original date of the order and certificate, respectively:
Provided, That refusal on the part of a naturalized citizen within
a period of ten years following his naturalization to testify
as a witness in any proceeding before a congressional committee
concerning his subversive activities, in a case where such person
has been convicted for contempt for such refusal, shall be held
to constitute a ground for revocation of such person's naturalization
under this subsection as having been procured by concealment of
a material fact or by willful misrepresentation. If the naturalized
citizen does not reside in any judicial district in the United
States at the time of bringing such suit, the proceedings may
be instituted in the United States District Court for the District
of Columbia or in the United States district court in the judicial
district in which such person last had his residence.

(b) The party to whom was granted the naturalization alleged
to have been illegally procured or procured by concealment of
a material fact or by willful misrepresentation shall, in any
such proceedings under subsection (a) of this section, have sixty
days' personal notice, unless waived by such party, in which to
make answer to the petition of the United States; and if such
naturalized person be absent from the United States or from the
judicial district in which such person last had his residence,
such notice shall be given either by personal service upon him
or by publication in the manner provided for the service of summons
by publication or upon absentees by the laws of the State or the
place where such suit is brought.

(c) If a person who shall have been naturalized after December
24, 1952 shall within five years next following such naturalization
become a member of or affiliated with any organization, membership
in or affiliation with which at the time of naturalization would
have precluded such person from naturalization under the provisions
of section 313, it shall be considered prima facie evidence that
such person was not attached to the principles of the Constitution
of the United States and was not well disposed to the good order
and happiness of the United States at the time of naturalization,
and, in the absence of countervailing evidence, it shall be sufficient
in the proper proceeding to authorize the revocation and setting
aside of the order admitting such person to citizenship and the
cancellation of the certificate of naturalization as having been
obtained by concealment of a material fact or by willful misrepresentation,
and such revocation and setting aside of the order admitting such
person to citizenship and such canceling of certificate of naturalization
shall be effective as of the original date of the order and certificate,
respectively.

(d) Any person who claims United States citizenship through the
naturalization of a parent or spouse in whose case there is a
revocation and setting aside of the order admitting such parent
or spouse to citizenship under the provisions of subsection (a)
of this section on the ground that the order and certificate of
naturalization were procured by concealment of a material fact
or by willful misrepresentation shall be deemed to have lost and
to lose his citizenship and any right or privilege of citizenship
which he may have, now has, or may hereafter acquire under and
by virtue of such naturalization of such parent or spouse, regardless
of whether such person is residing within or without the United
States at the time of the revocation and setting aside of the
order admitting such parent or spouse to citizenship. Any person
who claims United States citizenship through the naturalization
of a parent or spouse in whose case there is a revocation and
setting aside of the order admitting such parent or spouse to
citizenship and the cancellation of the certificate of naturalization
under the provisions of subsection (c) of this section, or under
the provisions of section 329(c) of this title on any ground other
than that the order and certificate of naturalization were procured
by concealment of a material fact or by willful misrepresentation,
shall be deemed to have lost and to lose his citizenship and any
right or privilege of citizenship which would have been enjoyed
by such person had there not been a revocation and setting aside
of the order admitting such parent or spouse to citizenship and
the cancellation of the certificate of naturalization, unless
such person is residing in the United States at the time of the
revocation and setting aside of the order admitting such parent
or spouse to citizenship and the cancellation of the certificate
of naturalization.

(e) When a person shall be convicted under section 1425 of title
18 of the United States Code of knowingly procuring naturalization
in violation of law, the court in which such conviction is had
shall thereupon revoke, set aside, and declare void the final
order admitting such person to citizenship, and shall declare
the certificate of naturalization of such person to be canceled.
Jurisdiction is hereby conferred on the courts having jurisdiction
of the trial of such offense to make such adjudication.

(f) Whenever an order admitting an alien to citizenship shall
be revoked and set aside or a certificate of naturalization shall
be canceled, or both, as provided in this section, the court in
which such judgment or decree is rendered shall make an order
canceling such certificate and shall send a certified copy of
such order to the Attorney General. The clerk of court shall transmit
a copy of such order and judgment to the Attorney General. A person
holding a certificate of naturalization or citizenship which has
been canceled as provided by this section shall upon notice by
the court by which the decree of cancellation was made, or by
the Attorney General, surrender the same to the Attorney General.

(g) The provisions of this section shall apply not only to any
naturalization granted and to certificates of naturalization and
citizenship issued under the provisions of this title, but to
any naturalization heretofore granted by any court, and to all
certificates of naturalization and citizenship which may have
been issued heretofore by any court or by the Commissioner based
upon naturalization granted by any court, or by a designated representative
of the Commissioner under the provisions of section 702 of the
Nationality Act of 1940, as amended, or by such designated representative
under any other Act.

(h) Nothing contained in this section shall be regarded as limiting,
denying, or restricting the power of the Attorney General to correct,
reopen, alter, modify, or vacate an order naturalizing the person.

(a) A person who claims to have derived United States citizenship
through the naturalization of a parent or through the naturalization
or citizenship of a husband, or who is a citizen of the United
States by virtue of the provisions of section 1993 of the United
States Revised Statutes, or of section 1993 of the United States
Revised Statutes, as amended by section 1 of the Act of May 24,
1934 (48 Stat. 797), or who is a citizen of the United States
by virtue of the provisions of subsection (c), (d), (e), (g),
or (i) of section 201 of the Nationality Act of 1940, as amended
(54 Stat. 1138; 8 U.S.C. 601), or of the Act of May 7, 1934 (48
Stat. 667), or of paragraph (c), (d), (e), or (g) of section 301
of this title, or under the provisions of the Act of August 4,
1937 (50 Stat. 558), or under the provisions of section 203 or
205 of the Nationality Act of 1940 (54 Stat. 1139; 8 U.S.C. 603,
605), or under the provisions of section 303 of this title, may
apply to the Attorney General for a certificate of citizenship.
Upon proof to the satisfaction of the Attorney General that the
applicant is a citizen, and that the applicant's alleged citizenship
was derived as claimed, or acquired, as the case may be, and upon
taking and subscribing before a member of the Service within the
United States to the oath of allegiance required by this Act of
an applicant for naturalization, such individual shall be furnished
by the Attorney General with a certificate of citizenship, but
only if such individual is at the time within the United States.

(b) A person who claims to be a national, but not a citizen,
of the United States may apply to the Secretary of State for a
certificate of non-citizen national status. Upon-

(1) proof to the satisfaction of the Secretary of State that
the applicant is a national, but not a citizen, of the United
States, and

(2) in the case of such a person born outside of the United States
or its outlying possessions, taking and subscribing, before an
immigration officer within the United States or its outlying possessions,
to the oath of allegiance required by this Act of a petitioner
for naturalization, the individual shall be furnished by the Secretary
of State with a certificate of non-citizen national status, but
only if the individual is at the time within the United States
or its outlying possessions.

(c) [Subsection (c) was repealed by Sec. 102(b) of the Immigration
and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416,
Oct. 25, 1994), effective as of April 1, 1995, under Sec. 102(d)
of that Act.]

SEC. 342. [8 U.S.C. 1453] The Attorney General is authorized to
cancel any certificate of citizenship, certificate of naturalization,
copy of a declaration of intention, or other certificate, document
or record heretofore issued or made by the Commissioner or a Deputy
Commissioner or hereafter made by the Attorney General if it shall
appear to the Attorney General's satisfaction that such document
or record was illegally or fraudulently obtained from, or was
created through illegality or by fraud practiced upon, him or
the Commissioner or a Deputy Commissioner; but the person for
or to whom such document or record has been issued or made shall
be given at such person's last-known place of address written
notice of the intention to cancel such document or record with
the reasons therefor and shall be given at least sixty days in
which to show cause why such document or record should not be
canceled. The cancellation under this section of any document
purporting to show the citizenship status of the person to whom
it was issued shall affect only the document and not the citizenship
status of the person in whose name the document was issued.

(a) If any certificate of naturalization or citizenship issued
to any citizen or any declaration of intention furnished to any
declarant is lost, mutilated, or destroyed, the citizen or declarant
may make application to the Attorney General for a new certificate
or declaration. If the Attorney General finds that the certificate
or declaration is lost, mutilated, or destroyed, he shall issue
to the applicant a new certificate or declaration. If the certificate
or declaration has been mutilated, it shall be surrendered to
the Attorney General before the applicant may receive such new
certificate or declaration. If the certificate or declaration
has been lost, the applicant or any other person who shall have,
or may come into possession of it is hereby required to surrender
it to the Attorney General.

(b) The Attorney General shall issue for any naturalized citizen,
on such citizen's application therefor, a special certificate
of naturalization for use by such citizen only for the purpose
of obtaining recognition as a citizen of the United States by
a foreign state. Such certificate when issued shall be furnished
to the Secretary of State for transmission to the proper authority
in such foreign state.

(c) If the name of any naturalized citizen has, subsequent to
naturalization, been changed by order of any court of competent
jurisdiction, or by marriage, the citizen may make application
for a new certificate of naturalization in the new name of such
citizen. If the Attorney General finds the name of the applicant
to have been changed as claimed, the Attorney General shall issue
to the applicant a new certificate and shall notify the naturalization
court of such action.

(d) The Attorney General is authorized to make and issue certifications
of any part of the naturalization records of any court, or of
any certificate of naturalization or citizenship, for use in complying
with any statute, State or Federal, or in any judicial proceeding.
No such certification shall be made by any clerk of court except
upon order of the court.

(a) The Attorney General shall charge, collect, and account for
fees prescribed by the Attorney General pursuant to section 9701
of title 31, United States Code for the following:

(1) Making, filing, and docketing an application for naturalization,
including the hearing on such application, if such hearing be
held, and a certificate of naturalization, if the issuance of
such certificate is authorized by Attorney General.

(2) Receiving and filing a declaration of intention, and issuing
a duplicate thereof.

(b) Notwithstanding the provisions of this Act or any other law,
no fee shall be charged or collected for an application for declaration
of intention or a certificate of naturalization in lieu of a declaration
or a certificate alleged to have been lost, mutilated, or destroyed,
submitted by a person who was a member of the military or naval
forces of the United States at any time after April 20, 1898,
and before July 5, 1902; or at any time after April 5, 1917, and
before November 12, 1918; or who served on the Mexican border
as a member of the Regular Army or National Guard between June
1916 and April 1917; or who has served or hereafter serves in
the military, air, or naval forces of the United States after
September 16, 1940, and who was not at any time during such period
or thereafter separated from such forces under other than honorable
conditions, who was not a conscientious objector who performed
no military duty whatever or refused to wear the uniform, or who
was not at any time during such period or thereafter discharged
from such military, air, or naval forces on account of alienage.

(c) All fees collected by the Attorney General shall be deposited
by the Attorney General in the Treasury of the United States except
that all fees collected by the Attorney General, on or after October
1, 1988, under the provisions of this title, shall be deposited
in the "Immigration Examinations Fee Account" in the
Treasury of the United States established pursuant to the provisions
of sections 286 (m), (n), (o), and (p): Provided, however, That
all fees received by the Attorney General from applicants residing
in the Virgin Islands of the United States, and in Guam, under
this title, shall be paid over to the treasury of the Virgin Islands
and to the treasury of Guam, respectively.

(d) During the time when the United States is at war the Attorney
General may not charge or collect a naturalization fee from an
alien in the military, air, or naval service of the United States
for filing an application for naturalization or issuing a certificate
of naturalization upon admission to citizenship.

(e) In addition to the other fees required by this title, the
applicant for naturalization shall, upon the filing of an application
for naturalization, deposit with and pay to the Attorney General
a sum of money sufficient to cover the expenses of subpoenaing
and paying the legal fees of any witnesses for whom such applicant
may request a subpoena, and upon the final discharge of such witnesses,
they shall receive, if they demand the same from the Attorney
General, the customary and usual witness fees from the moneys
which the applicant shall have paid to the Attorney General for
such purpose, and the residue, if any, shall be returned by the
Attorney General to the applicant.

(f)(1) The Attorney General shall pay over to courts administering
oaths of allegiance to persons under this title a specified percentage
of all fees described in subsection (a)(1) collected by the Attorney
General with respect to persons administered the oath of allegiance
by the respective courts. The Attorney General, annually and in
consultation with the courts, shall determine the specified percentage
based on the proportion, of the total costs incurred by the Service
and courts for essential services directly related to the naturalization
process, which are incurred by courts.

(2) The Attorney General shall provide on an annual basis to
the Committees on the Judiciary of the House of Representatives
and of the Senate a detailed report on the use of the fees described
in paragraph (1) and shall consult with such Committees before
increasing such fees.

SEC. 346. [8 U.S.C. 1457] Authorization is hereby granted for
the publication and distribution of the citizenship textbook described
in subsection (b) of section 332 and for the reimbursement of
the appropriation of the Department of Justice upon the records
of the Treasury Department from the naturalization fees deposited
in the Treasury through the Service for the cost of such publication
and distribution, such reimbursement to be made upon statements
by the Attorney General of books so published and distributed.

SEC. 347. [8 U.S.C. 1458] The Attorney General is authorized and
directed to prepare from the records in the custody of the Service
a report upon those heretofore seeking citizenship to show by
nationalities their relation to the numbers of aliens annually
arriving and to the prevailing census populations of the foreign-born,
their economic, vocational, and other classification, in statistical
form, with analytical comment thereon, and to prepare such report
annually hereafter. Payment for the equipment used in preparing
such compilation shall be made from the appropriation for the
enforcement of this Act by the Service.

(a) A person who is a national of the United States whether by
birth or naturalization, shall lose his nationality by voluntarily
performing any of the following acts with the intention of relinquishing
United States nationality-

(1) obtaining naturalization in a foreign state upon his own
application or upon an application filed by a duly authorized
agent, after having attained the age of eighteen years; or

(2) taking an oath or making an affirmation or other formal declaration
of allegiance to a foreign state or a political subdivision thereof,
after having attained the age of eighteen years; or

(3) entering, or serving in, the armed forces of a foreign state
if

(A) such armed forces are engaged in hostilities against the
United States, or

(B) such persons serve as a commissioned or non-commissioned
officer; or

(4)(A) accepting, serving in, or performing the duties of any
office, post, or employment under the government of a foreign
state or a political subdivision thereof, after attaining the
age of eighteen years if he has or acquires the nationality of
such foreign state; or

(B) accepting, serving in, or performing the duties of any office,
post, or employment under the government of a foreign state or
a political subdivision thereof, after attaining the age of eighteen
years for which office, post, or employment an oath, affirmation,
or declaration of allegiance is required; or

(5) making a formal renunciation of nationality before a diplomatic
or consular officer of the United States in a foreign state, in
such form as may be prescribed by the Secretary of State; or

(6) making in the United States a formal written renunciation
of nationality in such form as may be prescribed by, and before
such officer as may be designated by, the Attorney General, whenever
the United States shall be in a state of war and the Attorney
General shall approve such renunciation as not contrary to the
interests of national defense; or

(7) committing any act of treason against, or attempting by force
to overthrow, or bearing arms against, the United States, violating
or conspiring to violate any of the provisions of section 2383
of title 18, United States Code, or willfully performing any act
in violation of section 2385 of title 18, United States Code,
or violating section 2384 of said title by engaging in a conspiracy
to overthrow, put down, or to destroy by force the Government
of the United States, or to levy war against them, if and when
he is convicted thereof by a court martial or by a court of competent
jurisdiction.

(b) Whenever the loss of United States nationality is put in
issue in any action or proceeding commenced on or after the enactment
of this subsection under, or by virtue of, the provisions of this
or any other Act, the burden shall be upon the person or party
claiming that such loss occurred, to establish such claim by a
preponderance of the evidence. Any person who commits or performs,
or who has committed or performed, any act of expatriation under
the provisions of this or any other Act shall be presumed to have
done so voluntarily, but such presumption may be rebutted upon
a showing, by a preponderance of the evidence, that the act or
acts committed or performed were not done voluntarily.

(a) Except as provided in paragraphs (6) and (7) of section 349(a)
of this title, no national of the United States can lose United
States nationality under this Act while within the United States
or any of its outlying possessions, but loss of nationality shall
result from the performance within the United States or any of
its outlying possessions of any of the acts or the fulfillment
of any of the conditions specified in this chapter if and when
the national thereafter takes up a residence outside the United
States and its outlying possessions.

(b) A national who within six months after attaining the age
of eighteen years asserts his claim to United States nationality,
in such manner as the Secretary of State shall by regulation prescribe,
shall not be deemed to have lost United States nationality by
the commission, prior to his eighteenth birthday, of any of the
acts specified in paragraphs (3) and (5) of section 349(a) of
this title.

SEC. 357. [8 U.S.C. 1489] Nothing in this title shall be applied
in contravention of the provisions of any treaty or convention
to which the United States is a party and which has been ratified
by the Senate before December 25, 1952: Provided, however, That
no woman who was a national of the United States shall be deemed
to have lost her nationality solely by reason of her marriage
to an alien on or after September 22, 1922, or to an alien racially
ineligible to citizenship on or after March 3, 1931, or, in the
case of a woman who was a United States citizen at birth, through
residence abroad following such marriage, notwithstanding the
provisions of any existing treaty or convention.

SEC. 358. [8 U.S.C. 1501] Whenever a diplomatic or consular officer
of the United States has reason to believe that a person while
in a foreign state has lost his United States nationality under
any provision of chapter 3 of this title, or under any provision
of chapter IV of the Nationality Act of 1940, as amended, he shall
certify the facts upon which such belief is based to the Department
of State, in writing, under regulations prescribed by the Secretary
of State. If the report of the diplomatic or consular officer
is approved by the Secretary of State, a copy of the certificate
shall be forwarded to the Attorney General, for his information,
and the diplomatic or consular office in which the report was
made shall be directed to forward a copy of the certificate to
the person to whom it relates. Approval by the Secretary of State
of a certificate under this section shall constitute a final administrative
determination of loss of United States nationality under this
Act, subject to such procedures for administrative appeal as the
Secretary may prescribe by regulation, and also shall constitute
a denial of a right or privilege of United States nationality
for purposes of section 360.

SEC. 359. [8 U.S.C. 1502] The Secretary of State is hereby authorized
to issue, in his discretion and in accordance with rules and regulations
prescribed by him, a certificate of nationality for any person
not a naturalized citizen of the United States who presents satisfactory
evidence that he is an American national and that such certificate
is needed for use in judicial or administrative proceedings in
a foreign state. Such certificate shall be solely for use in the
case for which it was issued and shall be transmitted by the Secretary
of State through appropriate official channels to the judicial
or administrative officers of the foreign state in which it is
to be used.

(a) If any person who is within the United States claims a right
or privilege as a national of the United States and is denied
such right or privilege by any department or independent agency,
or official thereof, upon the ground that he is not a national
of the United States, such person may institute an action under
the provisions of section 2201 of title 28, United States Code,
against the head of such department or independent agency for
a judgment declaring him to be a national of the United States,
except that no such action may be instituted in any case if the
issue of such person's status as a national of the United States
(1) arose by reason of or in connection with any removal proceeding
under the provisions of this or any other act, or (2) is in issue
in any such removal proceeding. An action under this subsection
may be instituted only within five years after the final administrative
denial of such right or privilege and shall be filed in the district
court of the United States for the district in which such person
resides or claims a residence, and jurisdiction over such officials
in such cases is hereby conferred upon those courts.

(b) If any person who is not within the United States claims
a right or privilege as a national of the United States and is
denied such right or privilege by any department or independent
agency, or official thereof, upon the ground that he is not a
national of the United States, such person may make application
to a diplomatic or consular officer of the United States in the
foreign country in which he is residing for a certificate of identity
for the purpose of traveling to a port of entry in the United
States and applying for admission. Upon proof to the satisfaction
of such diplomatic or consular officer that such application is
made in good faith and has a substantial basis, he shall issue
to such person a certificate of identity. From any denial of an
application for such certificate the applicant shall be entitled
to an appeal to the Secretary of State, who, if he approves the
denial, shall state in writing his reasons for his decision. The
Secretary of State shall prescribe rules and regulations for the
issuance of certificates of identity as above provided. The provisions
of this subsection shall be applicable only to a person who at
some time prior to his application for the certificate of identity
has been physically present in the United States, or to a person
under sixteen years of age who was born abroad of a United States
citizen parent.

(c) A person who has been issued a certificate of identity under
the provisions of subsection (b), and while in possession thereof,
may apply for admission to the United States at any port of entry,
and shall be subject to all the provisions of this Act relating
to the conduct of proceedings involving aliens seeking admission
to the United States. A final determination by the Attorney General
that any such person is not entitled to admission to the United
States shall be subject to review by any court of competent jurisdiction
in habeas corpus proceedings and not otherwise. Any person described
in this section who is finally denied admission to the United
States shall be subject to all the provisions of this Act relating
to aliens seeking admission to the United States.

(a) The Secretary of State is authorized to cancel any United
States passport or Consular Report of Birth, or certified copy
thereof, if it appears that such document was illegally, fraudulently,
or erroneously obtained from, or was created through illegality
or fraud practiced upon, the Secretary. The person for or to
whom such document has been issued or made shall be given, at
such person's last known address, written notice of the cancellation
of such document, together with the procedures for seeking a prompt
post-cancellation hearing. The cancellation under this section
of any document purporting to show the citizenship status of the
person to whom it was issued shall affect only the document and
not the citizenship status of the person in whose name the document
was issued.

(b) For purposes of this section, the term "Consular Report
of Birth" refers to the report, designated as a "Report
of Birth Abroad of a Citizen of the United States", issued
by a consular officer to document a citizen born abroad.

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